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Managing "Belt and Road" Business Disputes: A Case Study of Legal Problems and Solutions

Edited by: Michael Moser, Chiann Bao

ISBN13: 9789403518909
Published: April 2021
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £165.00



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Managing “Belt and Road” Business Disputes: A Case Study of Legal Problems and Solutions is a follow up to the comprehensive Managing Business Disputes in Today’s China: Duelling with Dragons (2007) guide on foreign direct investments disputes that can arise in the course of initiating and operating a Chinese joint venture. Since its inauguration by the Chinese government in 2013, the “Belt and Road Initiative” (BRI) has included projects in more than 70 countries spanning diverse economic and legal environments. The nature of the BRI coupled with the economic downturn as a result of the COVID-19 pandemic will inevitably generate more challenges than ever.

What’s in this book:

Like its predecessor, this book poses a hypothetical scenario in order to explore the potential issues that may arise from Chinese-foreign business relationships in the BRI context. After setting the scene with the “Afrina Government’s” ill-fated infrastructure project involving Chinese and foreign parties, subsequent chapters provide comprehensive insight on and highlight the following issues that one must consider when dealing with BRI disputes:

  • Dispute settlement options
  • Informal dispute settlement approaches
  • Disputes involving Chinese State-owned Enterprises
  • Construction and project finance disputes
  • Corruption and bribery
  • Sanctions, and
  • Environmental issues

How will this help you:

This book will provide extensive guidance from seasoned practitioners on the legal and practical issues of disputes that arise from engaging with Chinese companies doing business outside China in the context of BRI projects.

Subjects:
Other Jurisdictions , China
Contents:
Introduction
Michael Moser & Chiann Bao
CHAPTER 1. The Scenario
Michael Moser, John Choong, Chiann Bao & Chan Yong Wei
CHAPTER 2. Dispute Settlement Options: An Overview
Michael Moser, John Choong & Campbell Herbert
CHAPTER 3. Informal Dispute Settlement Approaches
Helen Tang
CHAPTER 4. Arbitration Inside China
Arthur Ma & Sharon Yang¿
CHAPTER 5. Arbitration Outside China
Cameron Hassall & Dominque Yong
CHAPTER 6. International Commercial Courts
Anselmo Reyes
CHAPTER 7. Treaty Framework
Matthew Hodgson
CHAPTER 8. Investment Treaty Remedies
Nils Eliasson
CHAPTER 9. Litigation in China
Fang Zhao, Jiji Wu & Ruowen Wang
CHAPTER 10. Force Majeure and Hardship
Tai-Heng Cheng & Jennifer Lim
CHAPTER 11. Chinese SOEs and Their Investments along the Belt and Road
Cao Lijun
CHAPTER 12. Construction Contracts And Disputes
Nicolas Wiegand, Mariel Dimsey & Tom Proestler
CHAPTER 13. Project Finance
Matt Secomb & Philip Tan
CHAPTER 14. Corruption and Bribery
Louie Llamzon
CHAPTER 15. Sanctions
Meg Utterbeck
CHAPTER 16. Climate Change Dispute Options
Judith Levine & Nicola Swan
CHAPTER 17. Enforcement of Dispute Outcomes
Friven Yeoh & Yan Zhang
CHAPTER 18. Case Management Strategy: Forming the Right Team – Third-party Funding, Experts, Investigators and Other Services Providers
Peter Yuen
CHAPTER 19. Endgame
Michael Moser, Chiann Bao, John Choong & Chan Yong Wei